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(영문) 수원지방법원 여주지원 2015.11.30 2015고단489
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cmea car.

On May 11, 2015, the Defendant driven the said car at a speed of 19:55, the Defendant driven the said car, leading to the two lanes ahead of the e-luminous apartment distance, which is located in the new sub-Eup, Yecheon-si, Yecheon-si, along the two lanes from the front side to the opposite side.

There was a duty of care to look at whether a person engaged in driving service has no other vehicle in the signal atmosphere in the front and in such a case, there was a duty of care to safely drive the vehicle.

Nevertheless, the Defendant neglected to drive without delay, and was driven by the victim D(52) who was standing in the signal atmosphere in order to turn to the luminous apartment from the front side of the Defendant, and was driven by the victim D(52) who was standing in the signal atmosphere to turn to the left. The back part of the ET 100cc Oral Republic of Korea was driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as cerebrovasculars that need to be treated for about three weeks due to such occupational negligence, and at the same time, destroyed the above letobane owned by the victim so that it would amount to 1,645,000 repair cost, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destruction and damage);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Orders to provide community service and attend lectures;

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